Simulation of births, A347 Revised Penal Code

Simulation of birth refers to the act of deceptively making it appear that the parents of a newly born child are persons other than the biological parents.

1. Concept

Simulation – refers to deceptive imitation or copying.

Simulation birth - refers to the act of deceptively making it appear that the parents of a newly born child are persons other than the biological parents.

a. Legal basis

Revised Penal Code provides:

Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. - The simulation of births… shall be punished by prisión mayor and a fine of not exceeding Two hundred thousand pesos (P200,000).

[Par. 3] Any physician or surgeon or public officer who, in violation of the duties of his profession or office shall cooperate in the execution of any of the crimes mentioned in the two (2) next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification. (As amended by R.A. 10951)

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Offender simulates birth and substitutes child for another;

2) Offender conceals or abandons legitimate child with intent to cause child to lose civil status; or

3) Offender is a physician or surgeon or public officer who cooperates in any of the above.

a. Mode 1: Simulation

Elements of the offense of simulation of birth:

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